CWP/19708/2026 on 2 November 2026

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.19708 of 2026

Decided on: 02.11.2026 _________________________________________________________________ Raj Kumar

....Petitioner

Versus UOI. & Ors.

…Respondents _________________________________________________________________

Coram

Ms. Justice Jyotsna Rewal Dua

1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Naresh Kaul and Ms. Sheetal Kaul, Advocates.

For the respondents: Mr. Balram Sharma, DSGI, for respondent No.1.

Ms. Menka Raj Chauhan, Deputy Advocate General for respondents No. 2 to 7.

Jyotsna Rewal Dua, Judge

Notice. Mr. Balram Sharma, learned Deputy Solicitor General of India and Ms. Menka Raj Chauhan, learned Deputy Advocate General, accept service of notice on behalf of the respective respondents.

2. Petitioner's grievance is to the office order dated 28.10.2026 (Annexure P-12), whereunder he, serving as

Whether reporters of Local Papers may be allowed to see the judgment? yes

Kanungo at FK Circle Gangath, Sub Tehsil Gangath, District Kangra has been transferred to Sub Tehsil Office Saach, District Chamba against vacancy. Learned counsel for the petitioner submits that petitioner is currently deployed in discharging Census 2027 duties, and in light of office instructions dated 31.03.2026 (Annexure P-7), cannot be transferred till 31.03.2027. That petitioner’s stay at the present place of posting is just about 10 months.

3. Learned Deputy Advocate General, on the basis of instructions imparted, admits petitioner's current deployment in Census duties.

4. In view of office instructions dated 31.03.2026 (Annexure P-7), the impugned order dated 28.10.2026 is quashed and set aside qua the petitioner. Keeping in view petitioner's assertion that his stay at the present place of posting is just about 10 months, on completion of Census duties by the petitioner, it shall be open for the respondents to consider the case of the petitioner for transfer afresh in accordance with law, keeping in view the applicable transfer policy, as also petitioner's incumbency position.

The writ petition to stand disposed of in the above terms, so also pending miscellaneous application(s), if any.

Jyotsna Rewal Dua

Judge November 2, 2026 R.Atal